Federal Appeals Court Protects Marriage and Natural Family

Apr 13, 2011

www.LC.org

Unmarried same-sex partners unsuccessfully sued to change an adopted boy’s birth certificate to state that the child had two fathers. The ruling by the en banc (16 judges) Fifth Circuit Court of Appeals stated that two same-sex partners from New York who adopted a Louisiana-born infant could not force Louisiana to change the birth certificate to state that the child had two “dads.” This decision is a huge victory for natural family and for states to protect marriage and family. Liberty Counsel, which filed an amicus brief in the case, has been litigating similar issues, including the Lisa Miller case, for more than six years.

This ruling is important because it affirms the distinction between “recognizing” the existence of an out-of-state order versus “enforcing” the out-of-state order on a state in which it conflicts with the state’s law. In other words, one state that allows same-sex marriage or same-sex adoption cannot force another state to enforce such an out-of-state law or order against its own law. This is the precise issue that was litigated in the Lisa Miller case, which the Virginia courts would not acknowledge.

This decision is an incredible victory against the relentless efforts of activists to export their same-sex relationships to states that affirm the mother-father paradigm for family. The Full Faith and Credit Clause can no longer be used as a club to beat states into submission to the activist homosexual agenda.

Read our News Release for more details.

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